K.A. Paul’s Petition Dismissed, But What Happens to Defected MLAs Now?

Hyderabad: On Thursday, November 28, the Telangana High Court rejected the petition filed by Praja Shanti Party president, Kilari Anand Paul, which sought to prevent defected MLAs from the Bharat Rashtra Samithi (BRS) who joined the Congress from attending Telangana Assembly sessions.

The petition, which also aimed to bar the defected MLAs from participating in legislative debates and voting, was dismissed by a division bench comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao.

Paul had argued that the defected legislators violated the provisions of the Tenth Schedule of the Indian Constitution, which governs disqualification on the grounds of defection. According to Paul, the MLAs, who initially contested elections on the BRS ticket and later switched to the Congress, should be disqualified under the anti-defection law.

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The bench dismissed the petition, stating that the Speaker of the Assembly must first adjudicate disqualification petitions following the procedures outlined in the Members of Legislative Assembly (MLA) (Disqualification on the Ground of Defection) Rules, 1986. The court further emphasized that no action could be taken against the defected MLAs until the Speaker made a decision on their disqualification.

The petition had come after complaints from various petitioners, including Padi Kaushik Reddy, who alleged that the Speaker’s delay in addressing disqualification petitions was undermining the spirit of the anti-defection law. While a single judge had directed the Speaker to address the disqualification requests within four weeks, state Advocate General A. Sudershan Reddy raised concerns about the constitutional implications of such a directive, citing the need to maintain a balance of powers between constitutional authorities.

The division bench modified the single judge’s order, removing the strict time frame but reiterated that the Speaker must resolve disqualification matters in a “reasonable time,” in line with the law’s intent.

During the latest hearing, senior counsel for the defected MLAs contended that the petition was not maintainable, as disqualification matters fall under the Speaker’s jurisdiction, not the judiciary. They argued that no legal action could be taken regarding the MLAs’ participation in Assembly sessions until the Speaker made a ruling.

Ultimately, the court ruled that the defected MLAs could not be barred from the Assembly until the Speaker decided on their disqualification.

K.A. Paul had filed the petition on August 30, 2023, following the defection of several MLAs from BRS to Congress after the latter party came to power in Telangana. During proceedings, the bench questioned the need for a new Public Interest Litigation (PIL), as similar cases were already being heard, with a judgment pending. However, Paul maintained that his petition presented unique points not covered in the previous cases.